Green v. State

Benham, Judge.

The sole issue on appeal is whether the trial court, in sentencing appellant, properly considered matters not in evidence as aggravating circumstances. In exchange for appellant’s plea of guilty to the charge of incest, the State agreed not to prosecute him on any crimes related to the victim’s older sister, and to submit a letter in the presentence investigation stating that since the victim and her older sister were out of the home, there was no likelihood that the crimes would occur again. Prior to imposing a sentence of 6 years, the trial court stated: “Well, of course, if…